How a Brazilian Judge Could Suspend Elon Musk’s X Platform

SAO PAULO (AP) — A fierce confrontation is unfolding between Elon Musk, the world’s wealthiest individual, and Brazilian Supreme Court Justice Alexandre de Moraes.

Justice de Moraes has issued a warning to Musk, stating that he may suspend the social media platform X across Brazil unless the billionaire acts promptly to follow one of his directives. Musk has countered with harsh words, branding de Moraes a “tyrant” and “a dictator.”

This latest exchange is part of an ongoing conflict that has developed over several months, centering on issues like free speech, far-right accounts, and the battle against misinformation. As this situation escalates, many Brazilians are closely observing to see if either party will yield.

De Moraes’ stringent warning comes after X recently removed its legal representative in Brazil, a move prompted by threats of arrest directed at her from the justice himself. On Wednesday evening, de Moraes granted the platform a tight deadline of 24 hours to appoint a new representative, or face a potential shutdown.

The basis for de Moraes’ order is a Brazilian law necessitating that foreign companies maintain legal representation within the country. This legislation is crucial as it allows for prompt notification regarding legal matters and ensures the appointed representative can take necessary actions accordingly.

The failure of X to establish a legal presence in Brazil could lead to serious complications, especially with the upcoming municipal elections in October anticipated to see a surge in misinformation spread online. Luca Belli, coordinator at the Technology and Society Center of the Getulio Vargas Foundation in Rio de Janeiro, noted the urgency of having designated personnel to handle takedown orders that typically proliferate during election periods.

“Up until last week, this issue didn’t exist. The platform had an office here,” Belli said, emphasizing the suddenness of the situation. He pointed out that even platforms like Telegram, despite their small global presence, have local representatives in Brazil.

In Brazil, individual judges wield significant authority to enforce compliance with legal decisions. Actions may include anything from fines to drastic measures like suspending operations. Carlos Affonso Souza, a lawyer and director of a Rio-based think tank, recalled past instances where lone judges managed to disable Meta’s WhatsApp service multiple times between 2015 and 2016 due to non-compliance with law enforcement requests.

Previously, de Moraes had threatened Telegram with a nationwide shutdown due to repeated disregard for requests from Brazilian authorities. In that case, Telegram complied, thereby avoiding suspension.

Should de Moraes proceed with suspending X, he would first notify Anatel, Brazil’s telecommunications regulator. Consequently, Anatel would instruct internet service providers, including Musk’s Starlink, to block access to X. According to experts, this action would be executed swiftly and be fairly straightforward, potentially putting X offline within hours of receiving the directive.

Moreover, de Moraes might reach out to major app stores to prevent the availability of X in Brazil. An even more controversial possibility involves blocking access through virtual private networks (VPNs) and imposing penalties on users who attempt to bypass restrictions.

While X has faced bans in several authoritarian regimes globally, Brazil’s looming restrictions signify a major challenge for the platform. Countries like China and Russia have effectively censored X for various political reasons, aiming to stifle dissent.

Brazil holds a critical position for X’s growth, with approximately 40 million users engaged monthly. Musk portrays himself as a champion of free speech, criticizing de Moraes’ potential actions as censorship and garnering support from the country’s right-wing political landscape. Losing access to Brazil, a significant democracy, could hinder Musk’s ambition to create a “global town square” for free expression.

Furthermore, Musk’s satellite company, Starlink, views Brazil as a promising market due to its vast geography and inconsistent internet access in remote areas. Nevertheless, the situation has escalated, resulting in Starlink facing financial restrictions from the Brazilian government, which Musk has referred to as baseless.

While X maintains that it anticipates a shutdown, it issued a statement reinforcing its commitment to free speech, emphasizing a refusal to comply with what it considers illegal orders. They also criticized the Supreme Court, suggesting a lack of action from other justices against de Moraes’ measures.

This intensifying spectacle between Musk and de Moraes raises pressing questions about free speech, corporate responsibility, and the future landscape of social media in Brazil and beyond.

Source: AP News